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Just got summoned to appear in court!!!!

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    #1

    Just got summoned to appear in court!!!!

    OH MY GOD !!!! I am going to lose it. I am sooo stressed out. Earlier I received a letter by this person at my home. It says that we ( hubby and I are to appear in court March 16th. Beneficial is sueing us for non payment of 13,000.00. We have already filed for BK 2 weeks ago and have included them. We even told beneficial that we were filing chap 7 and now we get summoned. What gives? I thought that we were protected once we filed. I dont know what to do at this point. My attorney has not given us a meeting date yet. Does anyone have any advice or should we worry about this since we have already filed? Also what is the time frame it takes before the attorney actually schedules the creditors meeting? Please someone give me some reassurance. I am totally freeked, stressed and just want all of this to end. Thanks to all who respond.
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    #2
    Ummm. my understanding is that they are breaking the law, because the day that you filed, that put a stay on any collections at all......

    Let your lawyer know immediately!
    BUSY running my own credit repair services! Sorry I don't stop in so often any more!

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      #3
      Yeah, they may be in violation of the automatic stay, which could entitle you to sanctions, punitive damages, and attorney's fees.

      As for what to do, contact your lawyer if you have one. If not, go see a lawyer so you can discuss the situation.

      Comment

        #4
        Originally posted by HHM
        Yeah, they may be in violation of the automatic stay, which could entitle you to sanctions, punitive damages, and attorney's fees.

        As for what to do, contact your lawyer if you have one. If not, go see a lawyer so you can discuss the situation.
        I did contact my att. and he said not to worry that we would not have to go court. He would take care of everything. That is a relief, I can breathe a little easier now. So as far as the violations Im not sure what you mean. Could you explain that to me. Sorry, I am still learning all this bk stuff.

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          #5
          Originally posted by tyspruiel
          I did contact my att. and he said not to worry that we would not have to go court. He would take care of everything. That is a relief, I can breathe a little easier now. So as far as the violations Im not sure what you mean. Could you explain that to me. Sorry, I am still learning all this bk stuff.
          A simple telephone call along with faxing your stamped/dated BK petition to the court clerk's office is all that would've been needed, if you didn't have an attorney to do this for you.

          Good Luck!
          The information provided is not, and should not be considered legal advice. All information provided is only informational and should be verified by a law practioner whenever possible. When confronted with legal issues contact an experienced attorney in your state who specializes in the area of law most directly called into question by your particular situation.

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            #6
            Bump into this question while researching Even if you didnt file for bk you still have 30 days to file from date of court at least that what my lawyer told me Here in Pennsylvania

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